vikram dhable 29 June 2020
My flat is on 1st floor in CHS , there is dripping leakage through my bathroom floor on the ceiling of other owner parking whose should bare the cost repairs of waterproofing 1) Society or 2) Shall be repaired with sharing the expenses equally , or 3) By the upper flat owner.
Considering Parking is as common area which is maintained by Society.
Nirali Nayak 09 June 2021
Hello sir, greetings of the day.
As per your query, first of all you must find the source of leakage. If the source is your bathroom then you have to solely bear the cost. But if the leakage is due to any alternation made by the society externally, then the society shall pay for the same. You can take reference from the Bye Law No 70 providing for basis of apportioning society outgoings under various heads (i) to (xvi). It has clarified that all the repairs, that are not covered by the bye-law No. 69(a) shall be carried out by the members at their cost. The expenditure of the internal leakage due to toilet, sink etc. should be borne by concerned flat holders, with the consent of the society. And in such cases there won’t be any sharing of the expenses by both the parties. Its better you find out the source and then consult with your society authorities.
Hope this solves your query.
Regards
Nirali Nayak
Law Student
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